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-2- Rule 4.14.2 specifically requires that all areas affected by surface mining operations shall be returned to their approximate original contour. Only those spoils which are in excess of the volume required to achieve that approximate original contour may be deposited in permanent excess spoil piles outside the mined area, in accordance with Rule 4.09. In accordance with these regulatory requirements, the Bourg Strip mine does not qualify for exemption from approximate original contour requirements nor for approval of an excess spoil pile. Overburden materials may be temporarily stored within disturbed permitted areas, but these materials must be backfilled within the pit prior to cessation of operations, The Division finds, therefore, that the imposition of the following stipulations are necessary for a finding of compliance with the backfilling and grading requirements of Rules 4.Z4 and 4.09. Stipulation: THE DIVISION DIRECTS WALDEN COAL COMPANY TO AMEND ITS PROPOSED POST-MINING TOPOGRAPHY TO ACHIEVE APPROXIMATE ORIGINAL CONTOUR AT TXE BOURG STRIP MINE. THE PROPOSED PERMANENT SPOIL PILE, REFERRED TO AS TXE "EAST DUMP", SHALL BE DELETED FROM THE MINING AND RECLAMATION PLAN. OVERBURDEN MATERIALS MAY BE TEMPORARILY STOCKPILED IN ACCORDANCE WITH THE REQUIREMENTS OF RULE 2.05.3(6), BUT ALL OVERBURDEN MATERIALS SHALL BE BACKFILLED WITHIN THE PIT TO ACHIEVE APPROXIMATE ORIGINAL CONTOUR PRIOR TO FINAL RECLAMA- TION OF THE DISTURBED AREAS, THIS AMENDMENT OF THE MINING AND RECLAMATION PLAN FOR THE BOURG STRIP MINE SHALL BE COMPLETED AND SUBMITTED TO THE DIVISION FOR APPROVAL NO LATER THAN 3 MONTHS FOLLOWING APPROVAL OF THE MINE PERMIT, Stipulation: THE DIVISION DIRECTS WALDEN COAL COMPANY 257 MONITOR THE TOPOGRAPHIC CONFIGURATION OF TXE PIT, OVERBURDEN STOCKPILES AND BACKFILLED SURFACES OF THE DISTURBED AREA AT THE BOURG STRIP MINE, IN ORDER TO ASCERTAIN THE OVERALL OVERBURDEN SWELL FACTOR. MONITORING FOR THIS PURPOSE SHALL CONSIST OF A SEMI-ANNUAL SURVEY, UTILIZING FIELD OR AEROPXOTOGRAMMETRIC SURVEYING TECHNIQUES ACCEPTABLE TO THE DIVISION. WALDEN COAL COMPANY, UTILIZING MAPS DEPICTING THE SEMI- ANNUAL SURVEYED CONFIGURATIONS OF CONSECUTIVE PERIODS, SHALL DETERMINE THE AC2'UAL OVERALL OVERBURDEN SWELL FACTOR. THE MAPS AND A REPORT PRESENTING THE METHODOLOGY AND RESULTS OF THIS ANALYSIS SHALL BE SUBMITTED TO THE DIVISION FOR REVIEW AND APPROVAL ON A SEMI-ANNUAL BASIS. WALDEN COAL COMPANY SHALL CONTINUE THIS ANALYSIS ON A SEMI-ANNUAL BASIS UNTIL THE DIVISION APPROVES ITS CESSATION IN WRITING. SHOULD THESE DETERMINATIONS DISCERN ANY INACCURACY WHICH AFFECTS THE ABILITY OF THE COMPANY TO ACHIEVE THE PROJECTED APPROXIMATE ORIGINAL CONTOUR POST-MINING TOPOGRAPHIC CONFIGURATION, THEN THE COMPANY SHALL REVISE TXE MINING AND RECLAMATION PLAN APPROPRIATELY.